CONCERNING THE FULL LEGAL ACCEPTANCE OF THE FLORIDA
IDENTIFICATION CARD
WHEREAS
the purpose of the National Federation of the Blind is the removal
of the social,
legal, and economic barriers faced by the blind; and
WHEREAS
the goal of the Federation is the full participation of the blind in
society on terms
of equality; and
WHEREAS
blind and otherwise disabled individuals who, by the nature of their
disability, are
ineligible to receive a driver's license have been denied the right
to make certain
purchases and enter into agreements, including, but not limited to
the rental and
purchase of motor vehicles, equipment, furniture, and residential and
commercial
property in violation of State and Federal law; and
WHEREAS
Florida statute 322.051 provides that individuals who do not possess
a driver's
license may receive a government-issued photo identification card;
and
WHEREAS
Florida statute 322.051(7) provides that "Any person accepting the
Florida
driver's license as proof of Identification must accept a Florida Identification
card
as proof of Identification when the bearer of the Identification card
does not also
have a driver's license;" and
WHEREAS
Florida statute provides no penalty for failure to accept such identification;
and
WHEREAS
Florida statute 322.38(1) states, " No person shall rent a motor vehicle
to any
other person unless the latter person is then duly licensed"; and
WHEREAS
Florida statute 322.38(2) states, "No person shall rent
a motor vehicle to
another until he or she has inspected the driver's license of the person
to whom
the vehicle is to be rented, and compared and verified the signature
thereon with
the signature of such person written in his or her presence;" and
WHEREAS
the U.S. Department of Justice, in U.S. vs. Dollar Services found that
such a
practice or policy is in violation of the Americans with Disabilities
Act when such
a disabled person has a valid photo identification card matching the
name on the
credit card used to pay for and/or secure the vehicle and an authorized
licensed
driver to operate the vehicle who shall not be required to pay an additional
fee for
the authorized driver and
THEREFORE BE IT RESOLVED
By the National Federation of the Blind of Florida assembled in Convention
this
30th day of May, 2005, in the city of Boca Raton, that this Organization
demands that the Florida legislature amend Florida statutes to allow
individuals
who, by nature of their disability, are unable to obtain a valid driver's
license the
statutory right to make purchases and enter into agreements that require
the
presentation of valid photo identification; and
BE IT FURTHER RESOLVED
that this Organization demands that the Florida legislature specifically
amends
Florida statute to provide disabled individuals who, by nature of their
disability,
are unable to obtain a valid driver's license the right of entering
into a vehicle
rental agreement when such individual has a valid photo identification
that
matches the name on the credit card used to pay for and/or secure the
vehicle
when such an individual has an authorized licensed driver to
operate the vehicle
and Such authorized driver shall not be required to possess a credit
card and no
additional fees shall be charged for the authorized driver; and
BE IT FURTHER RESOLVED
that this organization demands that penalties as described in Florida
Statute
413.08(2) which protects the disabled from discrimination be applied
to violation
of such statutes.